Paul J. Pantano Jr.

Partner

Washington
Willkie Farr & Gallagher LLP
1875 K Street, N.W.
Washington, DC 20006-1238
T 202 303 1211
F 202 303 2211
ppantanowillkie.com

Paul J. Pantano, Jr. focuses his practice in the areas of energy, commodities and derivatives law. He represents swap and commodity dealers, brokerage firms, energy companies and trade associations in a wide variety of regulatory, investigative, litigation and transactional matters.

Paul regularly represents clients in investigations and regulatory matters before the Commodity Futures Trading Commission (CFTC), self-regulatory organizations, and the Federal Energy Regulatory Commission (FERC).

Chambers USA (2020) ranks Paul in Band 1 for Energy: Electricity (Regulatory & Litigation) - USA - Nationwide, and Band 2 for Capital Markets: Derivatives - USA - Nationwide, and is recognized in the “Spotlight Table” for Derivatives: Mainly Regulatory - USA - Nationwide. Chambers Global (2020) ranks him in Band 1 for Energy: Electricity (Regulatory & Litigation) - USA, Band 2 for Capital Markets: Derivatives - USA, and in the Spotlight Table for Capital Markets: Derivatives: Mainly Regulatory - USA. He is also recognized in the 2021 edition of Best Lawyers.

Highlights

Paul J. Pantano, Jr. focuses his practice in the areas of energy, commodities and derivatives law. He represents swap and commodity dealers, brokerage firms, energy companies and trade associations in a wide variety of regulatory, investigative, litigation and transactional matters.

Paul regularly represents clients in investigations and regulatory matters before the Commodity Futures Trading Commission (CFTC), self-regulatory organizations, and the Federal Energy Regulatory Commission (FERC).

Chambers USA (2020) ranks Paul in Band 1 for Energy: Electricity (Regulatory & Litigation) - USA - Nationwide, and Band 2 for Capital Markets: Derivatives - USA - Nationwide, and is recognized in the “Spotlight Table” for Derivatives: Mainly Regulatory - USA - Nationwide. Chambers Global (2020) ranks him in Band 1 for Energy: Electricity (Regulatory & Litigation) - USA, Band 2 for Capital Markets: Derivatives - USA, and in the Spotlight Table for Capital Markets: Derivatives: Mainly Regulatory - USA. He is also recognized in the 2021 edition of Best Lawyers.

Selected Significant Matters

Government Investigations

  • Represented scores of swap dealers, futures commission merchants, wholesale energy and commodity dealers, merchants, financial institutions, producers and end users in CFTC, FERC, joint CFTC-FERC, and SRO investigations, many of which were closed without the initiation of enforcement actions
  • Negotiated many settlements with the CFTC, FERC and SROs on behalf of CFTC registrants and energy and commodity trading companies
Acquisitions
  • Represented several U.S. and international financial institutions in purchasing and selling derivatives and commodities businesses and transaction portfolios

Structured Transactions

  • Represented financial institutions in monetizing commodity and derivatives transactions
  • Represented financial institutions in structured intermediation arrangements, commodity repurchase agreements, and secured hedging transactions
  • Represented financial institutions and energy marketers in structured renewable energy transactions
  • Represented commodity suppliers and hedge providers in long-term prepaid commodity purchase and sale transactions

Prior Experience

Prior to entering private practice, Paul was a trial attorney in the Division of Enforcement of the CFTC, where he represented the Commission in numerous civil and administrative enforcement actions.

Selected Professional and Business Activities

Paul is a past chair of the American Bar Association Committee on Derivatives and Futures Law. He is a member of the Law & Compliance Division of the Futures Industry Association, the Energy Bar Association and a former adjunct professor at Georgetown University Law School, where he co-taught a graduate law course on the regulation of commodity and derivatives transactions. He is a member of the Duke Law Alumni Board of Visitors.

Selected Publications and Lectures

  • “Open Market Manipulation: The Dangers of Policing Thought” Futures and Derivatives Law Report (November 2019)

  • “To Spoof or Not to Spoof? The DOJ Answers the Question” Futures and Derivatives Law Report (January 2019)

  • “The Duty of Diligent Supervision: To Whom and What Does it Apply and What Does it Require?” Futures and Derivatives Law Report (December 2017)

  • “Non-Prosecution Agreements Are the New Black: The Latest Trend Under the CFTC’s New Enforcement Regime” Futures and Derivatives Law Report (October 2017)

  • “The Best Defense is a Good Offense: A Practical Framework for Analyzing and Documenting Transactions and Trading Strategies to Limit Regulatory Liability” Futures and Derivatives Law Report (April 2017)

  • “Ground Hog Day: How Position Limits and the Dodd-Frank Act Tried to Ruin One of My All-Time Favorite Movies” Futures and Derivatives Law Report (July 2015)

  • “Energy Commodities: The Netherworld Between FERC and CFTC Jurisdiction” Futures and Derivatives Law Report (March 2013)

  • “Navigating the World of Renewable Energy” Futures and Derivatives Law Report (May 2009)

  • “Is the FERC’s Anti-Manipulation Jurisdiction Boundless?” Futures and Derivatives Law Report (October 2007)

  • “FERC’s New Anti-Manipulation Regime for Electricity and Natural Gas Transactions: Mixing Apples and Oranges” Futures and Derivatives Law Report (March 2006)

  • “Cooperating with Government Investigations: ‘You Say Cooperate, I Say Cooperhate” Futures and Derivatives Law Report (January 2004)

  • “Concurrent Investigations by the CFTC and the FERC Into Alleged Power and Natural Gas Price Manipulation: Who’s on First?” Futures and Derivatives Law Report (January 2003)

 

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